Supreme Court Denies Cert on Preclusion Issue Post Decertification in Florida Tobacco Case…And Once Again, Decertification Proves to Be a Hollow Victory

By Casie Collignon on December 3, 2012 Posted in Class Certification

Last week, on November 26, 2012, the United States Supreme Court denied cert in one of the thousands of individual cases pending in the aftermath of Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), where the State of Florida took on the tobacco industry. In R.J. Reynolds Tobacco Co. v. Clay, Case … Continue Reading

Class Action Settlements — Res Judicata or Not?

By Robert J. Tucker on August 7, 2012 Posted in Civil Procedure, Class Certification

Co-authored by: Rodger Eckelberry Defendants settle class actions, in large part, to buy peace. Without res judicata to bar future claims from the class members, a defendant is not getting what it pays for. However, as two recent circuit court decisions demonstrate, class members can still try to collaterally attack a class settlement judgment on … Continue Reading

Northern District of California Decision Highlights Impact of Prior Settlements on Subsequent Related Class Actions

By Benjamin D. Pergament on March 29, 2012 Posted in Civil Procedure, Issue and Claim Preclusion, Settlements

The United States District Court for the Northern District of California recently issued an order demonstrating the effects that a release in a settlement in one class action may have on claims in subsequent class actions. In McNeary-Calloway v. JP Morgan Chase Bank, N.A., Case No. C-11-03058 JCS, United States Magistrate Judge Joseph C. Spero … Continue Reading